Jinn of New York, NY, writes:

I ordered 4 orchestra seat tickets online for Pina Bausch at BAM (Brooklyn Academy of Music) approximately a month prior to the show.  About a week later, someone from the box office called to inform me that all available seats for my price level were sold-out and would I still like the next level tickets.  

I was disappointed, since my 1st choices were available at the time of ordering, but was willing to accept their downgrading.  I never received my tickets by mail and figured that I just needed to show up at the night of the performance to pick them up.  

Then, two weeks prior to the show, I received another call from the box office telling me that all tickets for my downgraded seats were now sold out and I can only have partial-view tickets.  I was obviously very, very upset.  I asked how that can happen when the transaction had already occurred: payment for the tickets.  

The individual explained that no transaction is not considered final till I am physically sitting on my seat.  Please explain?  Do I not have some rights the moment they take my money? 

There was no information on BAM's site that explained that orders can be downgraded at will when I ordered.  I went back on their site to make certain and there is nothing in their policy that says they will continually bump you off your original purchase.  

The reason I ordered the tickets so early in advance was to ensure my choice of seats.  How can they do this?   Perplexed,  Jinn

We don't believe they can do it legally.  We would suggest you go to Small Claims Court to recover the price of your tickets.  It might cause someone at BAM to re-examine this very unwise and unfair practice.